Ingram's July 2026

OF COUNSEL

by Brandan Davies

Scarlet Letter No Longer

Is a prior criminal record still a barrier to employment? It doesn’t have to be that way. No one expects to face criminal charges. But after a case is resolved, one of the first questions clients ask me isn’t about the courtroom or the legal process. It’s about what comes next: “How will this affect my life? Will anyone ever hire me again?” It’s a valid question. For decades, a criminal conviction was often viewed as a scarlet letter that stuck with someone long af- ter they had paid their debt to society. A background check could end an interview before it even began, leaving many convinced that one mistake would define the rest of their working lives. Today, however, the answer isn’t nearly as simple. In 16 years as a criminal defense attorney, I’ve represented pe ople from every walk of life, from first-time offenders to individuals with lengthy criminal histories trying to turn their lives around. Every case is different, but one thing remains true: a criminal charge rarely tells the whole story about a person. Fortunately, many

Applicants have more control over the hiring process than they often rea lize. One of the biggest mistakes I see is assuming a criminal record makes em- ployment impossible. Others spend so much time explaining their past that they never explain why they’d be a val- uable employee today. Employers appre- ciate honesty, accountability, and evi dence of growth. A steady work history, successful completion of probation or treatment, additional education, and years without further legal trouble often speak louder than the conviction itself. A criminal conviction should never be minimized, and there will always be situations where it creates lasting con- sequences. But for many people, it no

employers are starting to understand that reality. Over the past several years, hiring practices have begun to shift. Labor shortages have forced employers to expand their applicant pools, lead- ing many businesses to recognize that automat ically excluding applicants with criminal records can cause them to overlook qualified employ ees. Increasingly, employers are asking not just what led to the criminal conduct, but who the person in front of them is today. Changesinthelawhavealsocontributedtothis shift. Across the country, “ban the box” and other fair-chance hiring policies delay questions about criminal history until later in the hiring process, allowing applicants to first be evaluated on their

longer has to become a lifetime sentence to unemploymentorunder- employment. On both sides of the state line, expungements to get rid of criminal records are routinely granted, legally allowing appli cants not to disclose their criminal past. As employers, we must ask ourselves: If the same institution that convict- ed someone of a crime

Despite a criminal past, many can rebuild successful careers, support their families, and become valued members of their communities.

qualifications and experience. In the Kansas City area, the rules dif- fer depending on which side of the state line an employer is on, but the goal is the same: give people who deserve it a fair shot. That doesn’t mean a criminal record no longer matters. There are still professions where criminal history plays an important role in the hiring process. Positions involving children, healthcare, financial responsibility, law enforcement, or public safety often require additional scrutiny, and some convictions may legally prevent an individual from working in certain fields. Those restrictions exist for good reason. For many other positions, however, context matters just as much as the conviction itself. For example, a marijuana possession conviction once stood out on a background check, signaling to many employers that the applicant should not be considered. Today, after a sweeping shift in attitudes toward marijuana across the country, very few employers care at all. In my experience, forward-thinking employers aren’t focused solely on whether someone has been in trouble with the law. They’re asking better questions: Was this an isolated mistake or part of a pattern? How much time has passed? What did the applicant learn? Is the offense even related to the position? Those answers provide a much clearer picture than a single line on a background check.

is now expunging that offense, shouldn’t we also consider forgiving and forgetting a past mistake? Over the years, I’ve watched many former clients rebuild their lives, est ablish successful careers, support their families, and become valued members of their communities. Their past became one chapter of their story, not the entire story. Perhaps that is the biggest shift of all. The justice system is designed to hold people accountable for their actions, but accountability does not always end when a case is closed. For many, it includes rebuilding trust, earning opportunities, and proving through their actions that they are more than the worst decision they have ever made. A criminal record may still make finding a job more challenging, but it does not have to become a perma nent barrier to a successful career.

Brandan Davies is a part ner at the Roth Davies law firm in Overland Park. P | 913.451.9500 E | brandan@ rothdavies.com

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Ingrams.com

July 2026